Revolutionary War Pension and Bounty Land Warrant Application File W. 8829, John Fraseur, Va.

SERVICE
NUMBER
of Fraser, John or of Fraser Phebe
No. 8829
CONTENTS

7442 Kentucky
John Fraser
A Herring Co in the State of Kent who was a private in the company commanded by Captain White of the Inf ty commanded by Col Thornton in the Va line for 6 mos
Inscribed on the Roll of Kentucky at the rate of 20 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 day of April 1833 and sent to J. H. James Flemingburgh Ken
Arrears to the 4th of March 40.00 Sem-ant. allowance ending 4 Sept 10.00 $50.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Daniel Doyd Clerk, Book 6 Vol. 7 Page 9

John Fraser
21020

State of Kentucky Fleming County Set
On the 3 rd day of December 1832 personally appeared in open court before the Justices of the Fleming County court now sitting John Fraser president of said County aged thirty seven years the 25 th of this instant who being duly sworn according to Law doth upon his oath make the following declaration in order to obtain the benefits of an act of congress passed June the 7 th 1832. That he entered the service of the United States under the following named officers and served as here in statement. That he entered the service in March 1781 at  Drafted  under in Culpeper County State of Virginia for two months under Capt. White and Col. William Thornton no march - ed from Culpeper to Farmville and was dismissed at this place at the expiration of two months in record no written discharge but received a certificate in order to draw our pay. Some time in May or June of the same year I volunteered  constituted for Shuler's Rifles in Culpeper County for two months more and since the same under Capt. Browning and Col. Slaughter no marches from Culpeper to Petersburg had a battle with the British and was defeated

my best impression is that the Genl name at the place was Mullenburg. We marched from Petersburg to Richmond, Virginia and was discharged but got no written discharge
In the latter part of August or first of September in the same year I drafted and served two months more in the Flying Infantry under Capt. Blair and Major Col. Boyce
But recd no written discharge was born 1765 State of Virginia married to Kentucky in 1791 and have resided in the County of Henry ever since I have no record of my age have no documentary evidence or means of proof as by whom he can prove his birth. He hereby relinquishes every claim to an annuity or pension until the present and declares that his name is not on the pension roll of any State or agency. He states that Benjamin Stuart and James Stockwell testify to his wrong and the subscribed and sworn to this day and date by of his name as a son of the revolution above written
John P. Stockwell
Mr Benjamin Stuart clergyman residing in the County of Henry State of Kentucky and James Stockwell residing in the same County do hereby certify that we are well acquainted with John P. Stockwell who has lived in our County to the above description, that we believe him to be sixty seven years of age, that he is reported and believed in the neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion ascribed and sworn to the day and date above written
Benjamin Stuart James Stockwell

And the said court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the war department that the above named applicant was a soldier of the revolution and served as he states, and the court, further certifies, that it appears to them that Benj n Northcott who has signed the preceding certificate is a clergyman resident in the county of Fleming and that James Stockwell who has also signed the same is a resident in the same county, and is a credible person and that their statement is entitled to credit.
I Joshua Stockton clerk of the court for Fleming county do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of John Trascor for a pension. In testimony whereof I have hereunto set my hand and seal of office. This 3 rd day of December 1832 Joshua Stockton clerk

No 211020 John Fraser Fleming Co - Kentucky
From 1781 private, 6 months, $20
White Thornton Va
J H Jones Flemingsburg Kent.

BRIEF in the case of John Fraser  County of Fleming  in the State of  Kentucky  (Act 7th June, 1839.)
 1. Was the declaration made before a Court or a Judge? a Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 67  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Drafted In 1781 March 2 Private Capt White Col Thornton   Subst in June 2 " " Browning " Slaughter   Drafted " Aug 2 " " Genl Hol Boyer  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Culpepper Co Va  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
G. W. Austin Examining Clerk.

7538. Kentucky.
Phebe Fraser, widow of John Fraser, who was a private, in the Virginia line.
Inscribed on the Roll at the rate of 20 Dollars Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 29 day of Jany. 1846 and sent to Hon: A. Trumbo,
A. R.
[Act of March 3, 1843.]
17 June, 1844.
Recorded in Book A Vol. 2 Page 180.
Let. to Hon. A. Trumbo, May 8, '46
2 certificates.
Repd 30

12,065
Re July 24, 1845,

State of Kentucky
Henry County Oct
Be it known that on the 9 day of July 1845 personally appeared before me Robert G. Lewis, a Justice of the peace in and for said county Phebe Fraser a resident of said county and State, aged ninety years, who being first sworn according to Law, doth on her oath make the following declaration in order to obtain the benefit of the acts of Congress of the 7 th July 1838 and the 17 th July 1844 granting pensions to certain widows. That she is the widow of John Fraser who was a soldier of the Revolution and received a pension of Twenty Dollars per annum under the act of Congress of the 7 th June 1832 and whose pension certificate was Issued on the 12 th of April 1833. She states that she was married to the said John Fraser in the county of Hardy in the State of Virginia about the year 1791. She has no documentary evidence to prove her marriage or to enable her to state the exact date and from loss of memory from old age she is unable now to do so. That she has caused two letters to be written to the clerk of Hardy county to obtain a copy of her marriage bond but has received no answer. And for proof of her marriage she relies upon the testimony of John Thomas (hereto annexed) who was at her wedding. She further states that her husband John Fraser died on the 5 th day of Feb. 1841. That she was not married to him prior to his leaving the service but that the marriage took place before the 1 st day of January 1794 but at the time above stated. and that she is now his widow Sworn to & subscribed the date above before me Robert G Lewis J.P. Phebe her + Fraser mark

I John Thomas aged seventy two years do state upon oath that I was present at the marriage of John and Phebe Fraser the precise date the marriage took place I am now unable to state but I was married myself on the 7th day of July 1794 and I know that they were married at least two or three years before I was. They were married in Hardy County Virginia by a Methodist Preacher named John Johnson.
That he knew Fraser & wife from his (Thomas) youth up to the death of Fraser and that knows that Phebe Fraser who makes the foregoing declaration to be the widow of said John Fraser etc.
Given under my hand this 9 th day of Feb y 1845 John Thomas his mark
State of Kentucky Fleming County Set
This day personally appeared before me Robert G. Levin, a Justice of the Peace in and for said county John Thomas who made oath to and subscribed the foregoing statement. I further certify that he is personally known to me and that his statement is entitled to credit.
I further certify that Phebe Fraser who makes the foregoing declaration is personally known to me and that I was well acquainted with her husband John Fraser for 25 years before his death that he was a reputed soldier of the revolution and drew a pension as such that the said John and Phebe Fraser lived together as man and wife from my first acquaintance with them until the death of Fraser and that since his death at her request I have caused letters to be written to the clerk of Hardy county Virginia for a copy of the marriage license bond, but no answer has been received. I further certify that from old age and infirmity she could not attend at the

County Seat to make oath to her declaration without great incumbrance Given under my hand this 9 th day of July 1845 Robert G. Lewis J.P.
I John Gayle and Zacharias Evans do hereby state upon oath that John Fraser died on the 5 th day of February 1841 in Fleming County Ky and that he was the reputed husband of Phoebe Fraser who has made the foregoing declaration Given under our hands this 9 th day of July 1845 John his Gayle Zacharias Evans Sworn to and subscribed before me this 9 th day of July 1845 Robert G. Lewis J.P.
State of Kentucky Fleming county Set I William T. Dudley clerk of the Fleming County court certify that Robert G. Lewis Esq. whose name appears to the foregoing certificate is now and was at the date hereof an acting Justice of the Peace in and for the County of Fleming duly elected commissioned & qualified. This acts as such are entitled to full credit
In Testimony Whereof I have set my name & affix my seal of office, this 12 th day of July 1845 W. T. Dudley clerk of the court of Fleming County

Virginia,
Hardy County to wit
The following is a true extract from the list of persons married by John Johnson in Hardy County, "Recorded in the court of said County the 19: day of September 1795:
"John Frazier and Phoebe Turner September - the nineteenth one thousand seven hundred and ninety-"
I James C. Gamble, Clerk of the County Court of said County, hereby certify that the foregoing is a true extract from the records of said Court, with the exception of the date, which is expressed in the record in fair legible figures as follows - Sep. 19: 90
I James C. Gamble above named depose and say that I hold the office of Clerk of the County Court of said County of Hardy, in the State of Virginia, and that the above is a true extract from the records of said Court, with the exception above named, as certified by me.
James C. Gamble Clerk Hardy County Court
Sworn before me
M. D. Williams
a Justice of the peace for Hardy County
State of Virginia
Hardy County to wit
I, James C. Gamble, Clerk of the County Court of said County, do hereby certify that Matthew D. Williams, before whom the foregoing affidavit was made, was at that time, and still is an acting Justice of the peace in and for said County, duly commissioned and qualified, and to all his acts as such full faith and credit is given, as well in courts of justice as elsewhere.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court this 10: day of November 1840.
James C. Gamble C.H.C.

Revolution. Virginia.
WIDOW, &c.
File No. 8829
Phebe Fraser Wid. of John Fraser Pvt. Penn line
Act: Mch. 3 rd 1838 June 17 th 44
Index:—Vol. A , Page 253
[Arrangement of 1870.]

9845.
Kentucky
Phebe Fraser,
Widow of John Fraser, 1 who was a pensioner under the Act of 32, and who died on the 5 th : Feby: 1841, of Fleming Co in the State of Ky: who was a private in the commanded by Captain of the commanded by  in the Virginia line for Ky
Inscribed on the Roll of Kentucky at the rate of 20 Dollars Cents per annum, to commence on the 1st day of March, 1838 5 th : February, 1841 -
Certificate of Pension issued the 29 th day of Jan'y: 1846 and sent to Hon: A. Trumbo, A. R.
Total amount, $ 3.22
[Act July 7, 1838.]
Recorded by W. Stewart Clerk, Book D Vol. 1 - Page 367 .

12,065
Phoebe 4 Fraser
Ken
act. J. July 38
adad
6 mo pri.
from 5. Feb 41 -
also act 43. 44
Hon A. Trumbo
HR

Fleming County, Ky. Sch. November term 1845.
The Declaration of Phebe Fraser with the Certificate thereto purporting to have been executed on the 9 th July 1845 were this day presented in Open Court Robert G Lewis one of the Justices of the peace for said County before whom the declaration & proof was made being present. The Court approves the same. The Court are also satisfied from the testimony of Robt G Lewis that from old age and bodily infirmity of said Phebe Fraser she is unable to appear in open Court to make her proof.
State of Kentucky Fleming County set
I William T. Dudley Clerk of the Court for the County aforesaid certify that the foregoing is a true copy of the order in the case therein named. And that the declaration and certificates therein named are the same hereto attached.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 26 th day of November 1845.
W. T. Dudley C. C.

Rev. G. Flemingburg Dec. 17. 1871. 21020 Gen. Lewis cap History of war. Washington City Washington City

Flensburg Dec. 8 th 1832
Dear Sir if this elocution paper please return it to me by Jan. 1 st  J. H. Lowe

December 2 1845
Amended Dec 2
Phil Fraser.
PAID 20
J. L. Edwards Esq Comr. of Pensions Washington City

Fluuningsburg Ky Nov r 26. 1874
J. L. Edwards Esq r Com r of Pensions
Dear Sir.
Enclosed I
send you the declaration of Phebe Frasc The proceedings before the single Justice have been - proved by a court of Record. as directed by yours 28 th Aug t last. enclosing me the declaration. will also find attached to the declaration. the - certificate of the clk of Hardy county Vir showing the date of her marriage. which with the deposition of John Thomas as attac to the declaration. I hope will make the proof of her marriage. satisfactory to the department.
Resps
D. K. Stockton.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Fraser which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ‡ Are the papers authenticated as the regulations direct?
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
† QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡ QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

II
1206 1/2 1845
to the present
July 7. 1838
PAID
10
Edwards Esq
Court of Pinson
Washington City

Huntington Ky July 17. 1845. J L Edwards Esq commr. of Pensions
Sir
Enclosed you will find the declaration of Mrs. Fraseus. who claims a pension on acct. of the Revolutionary services of her husband John Fraseus decd. Please advise me of the result of her application
Very Resp y
D. H. Stockton

8422
Washington City 7 th May 1846.
Dear Sir
Some time since you prepared the case of Miss Fraser of Glen- ning County Ky. and ordered to meet two certificates which I ordered to her. but she thinks that justice has not been done her. She thinks that she ought to have pay from the death of her husband. say from the 4 th of March 1841. untill 4 th of March 1843. she gets nothing. will you inform me why it is that she is intitled to nothing for these two years. so that I may be able to say something to her. that she may be gratified upon this subject.

Day by what rule or regula- -tion these two years is left out Your attention to this will very much oblige your
most humble servt.
A. F. Lewis
Co J. H. Eames, Com? of Pensions